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Madras High CourtWP(MD)/17413/2015disposed of

P.Maharajan, M.Sc.M.D.M.Phil., v. The Chief Educational Officer

2015-09-28Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.17413 of 2015 P.Marirajan ... Petitioner Vs.

1.The Chief Educational Officer, Sivagangai, Sivagangai District.

2.The District Educational Officer, Sivagangai, Sivagangai District.

3.The Secretary, OVC Higher Secondary School, Manamadurai, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 14.08.2015 in accordance with law.

For Petitioner ...

Mr.C.Sundaravadivel For Respondents R1 & R2 ... Mr.Aaiyuram K Selvakumar (takes notice) Government Advocate

O R D E R

This Writ Petition has been filed by P.Marirajan, who is presently serving as Assistant Headmaster in OVC Higher Secondary School, Manamadurai, the third respondent herein, seeking mandamus directing the third respondent to consider his representation dated 14.08.2015 in accordance with law.

2. By consent, this Writ Petition is taken up for hearing at the stage of admission itself.

https://hcservices.ecourts.gov.in/hcservices/ 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents.

4.The learned counsel for the petitioner would submit that the petitioner after joining the third respondent school as PG Assistant in Botany on 02.06.1982, he has been promoted as Assistant Headmaster by proceedings Rc.No.2/2012 dated 01.06.2012 and the third respondent also has issued a direction to the previous Headmaster to hand over the charges to the petitioner on 30.05.2013. Later on, the petitioner assumed the charges as Headmaster in the third respondent school with effect from 01.06.2013.

5.The grievance of the petitioner is that though the petitioner is having requisite qualification and experience, the third respondent has not considered his promotion to the post of Headmaster in the third respondent school, for which, he has given a representation dated 14.08.2015 to the respondents, but till date the petitioner's representation has not been considered. Therefore, he has come to this Court for the above said relief.

6. Considering the limited prayer made by the petitioner, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation dated 14.08.2015 and pass orders on merit and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar Ns To 1.The Chief Educational Officer, Sivagangai, Sivagangai District.

2.The District Educational Officer, Sivagangai, Sivagangai District.

3.The Secretary, OVC Higher Secondary School, Manamadurai, Sivagangai District.

+1CC to Mr.C.Sundara vadivel Advocate Sr.No.56987 +1CC to Spl.Government Pleader Sr.No.57095 GJM/MP/27.10.15-2P-6C W.P.(MD)No.17413 of 2015 28.09.2015 https://hcservices.ecourts.gov.in/hcservices/